“The action of the Government in the days of the Roehm revolt was the highest realization of the legal consciousness of the people. Later the action which itself was justified, now has been made legal by the passage of a law.” (2496-PS)
Furthermore, the leader of the Nazi conspiracy on 25 July 1934 issued a decree which stated that because of the meritorious service of the SS, especially in connection with the events of 30 June 1934, the organization was elevated to the standing of an independent organization within the NSDAP. (1857-PS)
B. The Nazi conspirators used the legislative and judicial powers of the German Reich to terrorize all political opponents.
(1) They created a great number of new political crimes. The decree of 28 February 1933 punished the inciting of disobedience to orders given out by State or Reich Government authorities or the provocation of acts “contrary to public welfare.” (1390-PS) A month later, in order to give themselves legal justification for murdering by judicial process their political enemies, the Nazi conspirators passed a law making the provisions of the above decree applicable retroactively to acts committed during the period from 31 January to 28 February 1933. (2554-PS)
Referring to these laws, the defendant Goering stated:
“Whoever in the future raises a hand against a representative of the National Socialist movement or of the State, must know that he will lose his life in a very short while. Furthermore, it will be entirely sufficient, if he is proven to have intended the act, or, if the act results not in a death, but only in an injury.” (2494-PS)
On 21 March 1933 a decree was issued which provided for penitentiary imprisonment up to two years for possessing a uniform of an organization supporting the government of the Nationalist movement without being entitled thereto, or circulating a statement which was untrue or greatly exaggerated, or which was apt to seriously harm the welfare of the Reich or the reputation of the Government, or of the Party or organizations supporting the Government. (1652-PS)
The Nazi conspirators caused a law to be enacted punishing whoever undertook to maintain or form a political party other than the NSDAP. (1388-PS)
The Nazi conspirators enacted a law which made it a crime deliberately to make false or grave statements calculated to injure the welfare or the prestige of the Reich, or to circulate a statement manifesting a malicious or low-minded attitude toward leading personalities of the State or the Party. The law also applied to statements of this kind which were not made in public, provided the offender counted on his statements being eventually circulated in public. (1393-PS)
In commenting on the above law, one of the leading Nazi conspirators, Martin Bormann, stated: